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|Supreme Court to Weigh in on Providers’ Rights to Sue for Medicaid Reimbursements|
Zachary W. Behler, Michael R. Blum, Lauren B. Dunn, Samuel J. Frederick, Gilbert M. Frimet; Foster, Swift, Collins & Smith, P.C.;
March 20, 2015, previously published on January 27, 2015The Medicaid program, a public insurance program serving approximately 66 million low-income Americans, is at risk for losing participating providers who claim they are not being compensated fairly for their services. On January 19, 2015, the Supreme Court heard arguments in Armstrong v....
|Children, Horses, and Liability: The Law Might Surprise You|
Julie I. Fershtman; Foster, Swift, Collins & Smith, P.C.;
March 20, 2015, previously published on December 17, 2014Misunderstandings and myths abound when it comes to liabilities involving children. Make sure to separate fact from fiction.
|New Jersey’s “Fairly Debatable” Standard in Bad Faith Insurance Claims Is Alive and Well|
Gina M. Zippilli; Capehart & Scatchard, P.A.;
March 19, 2015, previously published on March 13, 2015The “fairly debatable” standard protects insurers from claims of bad faith if decisions to disclaim coverage are “fairly debatable.” This long-standing shield to insurers recently came under attack in Badiali v. New Jersey Manufacturers Ins. Group, but was ultimately...
|NAIC Amps Up Cybersecurity Oversight|
Daniel E. Frank, Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Brian L. Rubin; Sutherland Asbill Brennan LLP;
March 19, 2015, previously published on March 18, 2015The NAIC has begun its efforts to amp up state insurance department oversight of cybersecurity practices with the release of two documents for public comment. The first, entitled Principles for Effective Cybersecurity Insurance Regulatory Guidance (the “Principles”), is a document...
|U.S. Commodity Futures Trading Commission Issues No-Action Letter Relating to Insurance-Linked Securities|
Richard K. Pan, Stephen G. Rooney, Richard B. Spitzer; Mayer Brown LLP;
March 18, 2015, previously published on December 31, 2014On December 18, 2014, the U.S. Commodity Futures Trading Commission (CFTC) issued a no-action letter (CFTC Letter 14-152) providing relief from commodity pool operator (CPO) registration for operators of certain insurancelinked securities (ILS) issuers.
|Louisiana Appellate Court Confirms that Insurers Must Provide A Complete Defense in Long-Term Exposure Cases|
Steven Boutwell, Michael J. deBarros; Kean Miller LLP;
March 17, 2015, previously published on March 4, 2015The Louisiana Fourth Circuit Court of Appeal held that an insurer must provide a complete defense to its insured in long-latency disease cases and that the duty to defend is not subject to proration. See Arceneaux v. Amstar Corp., 2014-0271 (La. App. 4 Cir. 2/25/15), 2015 WL 798980.
|Particulars of Post-Discovery Surveillance Must be Disclosed|
Jay Stolberg; Blaney McMurtry LLP;
March 17, 2015, previously published on February 20, 2015The Ontario Court of Appeal issued an important decision on February 17, 2015, regarding the disclosure of surveillance. As a result of the ruling in Iannarella v. Corbett, the particulars of all surveillance undertaken before trial must be disclosed to the plaintiff.
|On the Fourth Day of Privacy, My Insurance Carrier Gave to Me.....|
Daniel S. Harary, Heidi A. Lawson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 16, 2015, previously published on December 12, 2014What can companies and insurers expect in the new year when it comes to cyber liability insurance coverage? While we wait for some court decisions interpreting these new stand-alone cyber liability insurance policies that are being heavily pushed in the market, there are some steps a company can...
|On the Eleventh Day of Privacy, the Drones Brought to Me.....|
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 16, 2015, previously published on December 23, 2014Apparently, this “privacy loving” kangaroo was less than pleased with the drone following her family. While the drone obtained impressive footage of the kangaroos, it was clear that this kangaroo had had enough. As new technologies enter the stream of commerce, companies using such...
|New Insurance Covers Celeb-Endorsed Products from Endorser’s Public Fall from Grace|
Joseph M. Hanna; Goldberg Segalla LLP;
March 16, 2015, previously published on February 4, 2015American International Group, Inc. (AIG) announced a new insurance product called Celebrity Product RecallResponse. According to the company, it is designed to protect companies exposed to risks if a celebrity endorser suffers a public fall from grace or sudden death. It aims to particularly help...